In Brief
Wockhardt Limited challenged the High Court Division Bench's reversal of a Single Judge's order that had denied a temporary injunction in a passing off case involving pharmaceutical trade marks. The plaintiff Torrent claimed protection for "CHYMORAL" marks against Wockhardt's similar "CHYMTRAL" mark. The Supreme Court held that fraud is not essential to passing off—the defendant's state of mind is irrelevant if the mark has been imitated. The Division Bench properly interfered, correcting legal errors. Since Wockhardt subsequently developed substantial sales under an alternative mark, the appeal was dismissed, upholding the injunction and finding the balance of convenience favoured the plaintiff.
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